Blog – Page 79

Ariosa Diagnostics — Petition for rehearing en banc denied –Set up for the Supreme Court?

By Super User December 6, 2015Post-Myriad and Prometheus Cases

The US Court of Appeals for teh Federal Circuit on Dcember 2, 2015 denied the petition for rehearing en banc for Ariosa Diagnostics. The conurring opinions and dissenting opinions are,…

Some Take Home Points from High Court of Australia -Myriad Genetics

By Super User October 14, 2015Post-Myriad and Prometheus Cases

The High Court of Austrialia (October 7, 2015 order) has recently come down with a decision in the Myriad Genetics case which while having no precedent value for US court…

July 2015 Update – Interim Eligibility Guidance

By Super User August 6, 2015Subject Matter Eligibility (35 USC 101)

The USPTO has issued a set of case examples under the categories (1) fundamental economic practices (2) an idea of itself (3) certain method of organizing human activity and (4)…

Ariosa Diagnostics – Diagnostic Method Claims

By Super User June 16, 2015Post-Myriad and Prometheus Cases

This case involves the discovery of cell-free fetal DNA (cffDNA) in maternal plasma and serum, a protion of maternal blood that before had been discarded as medical waste. Based on…

2014 Interim Guidance on Patent Subject Matter Eligibility

By Super User December 26, 2014Subject Matter Eligibility (35 USC 101)

Natural Product analysis under the guidelines: A claim is considered to recite a nature based product limitation if that limitation does not exhibit markedly different characteristics from its naturally occurring…

Written Description Requirement for Antibody Claims – The inherent Danger of Functional Claiming

By Super User July 6, 2014Written Description Requirement

In Abbvie v. Centocor, (Fed. Cir, 2014), Abbvie's representative claim was directed to a neutralizing isolated human antibody, or antigen-binding portion thereof, that binds to human IL-12 and disassociates from…

Preliminary Examination Instructions in view of Alice v. CLS issued by the PTO

By Super User June 25, 2014Post-Myriad and Prometheus Cases

The USPTO has issued a June 25, 2014 Memorandum entitled "Priliminary Examination Instructions in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et…

Alice v. CLS – Abstract Ideas – Intermediated settlement

By Super User June 21, 2014Subject Matter Eligibility (35 USC 101)

The patents in Alice Corporation 573 US _ (2014) were directed to a scheme for mitigating "settlement risk". The representative method claim included the steps of (1) "creating" shadow records…

A Rule 1.131 Affidavit Practice Refresher

By Super User May 29, 2014Affidavit Practice

A rule 131 affidavit/declaration allows an inventor of an application or the owner of a patent under reexamination to swear behind a reference which is being applied under 35 USC…

Bilski v. Kappos – Abstract Idea – Hedging

By Super User February 6, 2014Subject Matter Eligibility (35 USC 101)

Any post Bilski analysis needs to start off with the Supreme Court decision at the basis which of course is Bilsk v. Kappos 561 (U.S. _ (2010). The claims at…